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Child Justice Act, 2008 (Act No. 75 of 2008)

Notices

Directives issued in terms of Section 97(4) of the Child Justice Act, 2008 (Act 75 of 2008)

Children in Conflict with the Law

K. The assessment

 

K. The assessment

 

1. The assessment is vital for purposes of coming to an informed decision and has to be done prior to the child appearing at the preliminary inquiry. If the child is in custody this should be done with 48 hours of arrest.

 

2. Prosecutors may dispense with such assessment in terms of section 41(3) only in respect of a Schedule 1 offence if it is in the best interest of the child. The reasons for having dispensed with the assessment must be furnished and recorded in terms of section 42.

 

3. Dispensing with the assessment should be the exception. It may only be done where the prosecutor has sufficient information to make a decision on whether to divert or not, e.g. age determination, criminal capacity, suitable diversion option; where an assessment will not be possible within a reasonable period of time; or where the crime committed is petty.

 

4. The information obtained during assessment is confidential and may only be used for a legally authorised purpose (section 36(1)), e.g. to determine criminal capacity in accordance with section 11(2).

 

5. It may not be used during a bail application, plea, trial or sentencing proceedings in which the child appears.